PUBLISHED IN THE CLAREMORE DAILY PROGRESS, CLAREMORE, OKLA., AUGUST 6, 2006.
IN THE DISTRICT COURT
IN AND FOR
STATE OF OKLAHOMA
IN THE MATTER OF THE ADOPTION OF:
Charles Redmond Leach, Jr. DOB 10-26-98
a minor child.
CASE NO. FA-06-51
NOTICE OF ADOPTION HEARING
TO: Unknown biological father(s), and “Brett”’ Helen F. Leach, biological mother, Heather Baker and /or other Representative of the Cherokee Nation
On the 7th day of July, 2006 a Petition was filed in this Court for the adoption of Charles Redmond Leach, Jr., date of birth October 26, 1998; and an application has been filed to allow the adoption without the consent of the biological parents; and said application is set for hearing on the 1st of September, 2006, at the hour of 9:00 o’clock A.M., in the District Courtroom of Judge Dynda Post in the Courthouse of Rogers County in Claremore, State of Oklahoma.
Petitioner has alleged in her petition and application that said child is eligible for adoption without the biological parents consent, as the biological parents have willfully failed, refused, or neglected to contribute to the support of the minor child for over a period of twelve (12) consecutive months out of the last fourteen (14) months immediately preceding the filing of the petition for adoption without the biological parents consent, as provided under 10 O.S. § 7505-4.2 (B) and additionally that the biological parents have failed to establish and/or maintain a substantial and positive relationship with the minor child for a period of twelve (12) consecutive months out of the last fourteen (14) months immediately preceding the filing of the petition for adoption and the application for adoption without the biological parents consent, as provided under title 10 O.S.§ 7505-4.2 (H)(1); and finally, the petitioners have alleged that the biological parents have abandoned the minor child, as provided under 10 O.S. § 7505-4.2 (G).
The minor child is enrolled as a member of the Cherokee Nation. YOU, HAVE SPECIFIC RIGHTS UNDER THE INDIAN CHILD WELFARE ACTS, 25 U.S.C. § 1912(A) AND 10 O.S. § 40.4; (1) the biological parents, Indian custodians, and the child’s tribe have a right to intervene at any point in this proceeding; (2) the biological parents, Indian custodians, and the child’s tribe have a right to petition the district court to transfer the proceedings to the appropriate tribal court; (3) the hearing on this proceeding cannot be held less than 10 days from the time this notice is provided; (4) the biological parents, Indian custodians, and the child’s tribe have the right to request an additional twenty days to prepare for this hearing; (5) the Indian custodians, may be entitled to a court-appointed attorney, should they prove unable to afford a private attorney; (6) the tribe is further notified that this matter is confidential; AND THE PARENTS OR INDIAN CUSTODIANS ARE ADVISED THAT THESE PROCEEDINGS WILL HAVE SIGNIFICANT CONSEQUENCES ON THEIR PARENTAL RIGHTS TO THIS CHILD, INCLUDING A LOSS OF CUSTODY AND THE FINAL TERMINATION OF PARENTAL RIGHTS, APPROVING THE ADOPTION OF THIS CHILD BY THESE PETITIONERS, WHO ARE PROPER PARTIES TO ADOPT.
YOU, THEREFORE, ARE NOTIFIED THAT THE COURT WILL HEAR EVIDENCE IN SUPPORT OF AND IN OPPOSITION TO THE GRANTING OF THE APPLICATION, AT THE TIME AND PLACE SHOWN ABOVE, WHERE YOU WILL HAVE THE RIGHT TO BE PRESENT, HAVE AN ATTORNEY AND HAVE AN OPPORTUNITY TO BE HEARD AT SAID TIME AND PLACE, AND HAVE THE RIGHT TO OBJECT TO THE APPLICATION AND ADOPTION OF SAID MINOR CHILD.
YOUR FAILURE TO APPEAR AT SAID HEARING SHALL CONSTITUTE A DENIAL OF YOUR INTEREST IN THE CHILD, WHICH DENIAL MAY RESULT, WITHOUT FURTHER NOTICE OF THIS PROCEEDING OR ANY SUBSEQUENT PROCEEDINGS, IN SAID CHILD’S ADOPTION WITHOUT YOUR CONSENT, THEREBY ULTIMATELY TERMINATING YOUR RIGHTS TO SAID CHILD IN ACCORDANCE WITH THE LAW OF THE STATE OF OKLAHOMA.
s/ Dynda Post
Judge of the District Court